Legal Question in Criminal Law in Michigan

I was at Kmart in Madison Heights, MI and I was caught shoplifitng for about $150.00 maybe less, before the police got there to arrest me the security guard who caught me, wrote up more things on the list then what I took and the amount came to $378.00. How do I prove that I didn't take that whole amount? He said he seen me in the electronics department but at that time that area was closed off. I have a witness who was with me. This is the first time I EVER got into trouble with the law. I don't even have a traffic ticket. I would also like to know if the fact that I was under a great amount of depression might help me out with my case? I have been suffering from this since the age of 13, and at the time of the incident my fiance lost his job, and I was pregnant at the time about a week after he lost his job I lost the baby. Which threw me in a more depressive stage. i have documentation from my doctor stating this. I know what I did was wrong and I'm not making excuses. I have already paid my fines ($200.00) to Kmart. What I don't understand is in the letter they sent me stating the amount I owe they stated that if I pay this then they will not take any further civil actions against me. So why do I still have to go to court? I know what I did was a crime but they said they wouldn't take any further actions so that is why I am confused. Also when I was arrested they wrote second degree retail fraud on my bail reciept but I'm being charged with third degree instead. How is that? Don't get me wrong I am thankful but again confused. What kind of punishment do you think I will get? How do I keep this off my record? Thank you for your time.


Asked on 3/24/10, 7:38 pm

2 Answers from Attorneys
Timothy Klisz Klisz Law Office, PLLC

The civil and criminal actions are seperate and distinct. If you pay the civil demand, they won't sue you. The criminal action is handled by the city attorney or state prosecutor. I would reccomend hiring an attorney as there are ways of keeping this off your record. I gave handled dozens of these. Visit www.kliszlaw.com to discuss. Tim Klisz

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Answered on 3/29/10, 8:01 pm
Daniel Hajji Daniel Hajji & Associates

You need to retain an GOOD attorney quickly to evaluate and gather necessary evidence on your behalf. When you paid the $200.00 to Kmart that took care of the civil damages end of the charging event. This is allowed pursuant to Michigan statute. Now you are being charged criminally and so you must go through the criminal proceedings, arraignment, pretrial and possibly trial. Retail Fraud third degree is the least severe (value is under $200). The value of the items is determined by the price offered for sale at the time of the incident, not the suggested retail price. In other words, if the price tag for one item is $100.00 but happens that it was marked 50% off at the time you allegedly stole it, then the value is to be calculated at $50.00. Also, being pregnant and depressed is not a good defense unless you can show that you did not have the requiste mens rae (intent) to deprieve Kmart of their goods. Finally, the City attorney in Madison Heights is a very good guy and if this is indeed your first encounter with the law, there is a good likelyhood to keep this off your record. Hire a good attorney right away.

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Answered on 3/29/10, 8:42 pm


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